99 -- Small Business Administration - Small Business Recertification required for Novation and Change of Name Agreements

The U.S. Small Business Administration (SBA) amended various provisions of its Small Business Size Regulations effective June 21, 2004. One amendment requires that a Federal Agency obtain a new small business certification for a contract held by a small business that is novated to another business as a result of a merger or acquisition. This requirement applies to all novation and change-of-name agreements executed pursuant to FAR 42.12 on or after December 21, 2004. SBA delayed applicability of this rule for novation and change of name agreements because some novations may have been in the progress of completion, but not yet completed when the amendments were applicable. SBA did not want the applicability date to hinder the progress of such agreements. SBA issued a technical correction modifying the applicability date for novation and change of name agreements to December 21, 2004. The technical correction was published in the Federal Register on July 30, 2004. Please see http://www.sba.gov/size/indexwhatsnew.html#part121novation for further information.